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SPEECH OF MR. GILMER, 

OF GUILFORD, "^^y^ . 

In the Senate of North Carohna,* December, 1850. 

UNION ANli SECESSIO 



<lMestions, not as a Whig or a Democrat, but as a 

Nortli Carolinian — as one whose feelings were with 
the South, aiid whose interests were there, but who 
banishing forihe moment all party considerations 
and all sectional prejudices, would anxiously con- 
sider how the honor and the safety of the South 
might be secured, and if it could be done consistently 
with these, the Union be preserved. He wished to 
see erected a platform on which all true sonsof N. 
Carolina could stand— to liave embodied in resolu- 
tions or otherwise a sentiment which would strike 
a responsive chord in the breast of every patriot, 
and enable the State to present an even and steady 
front, in a crisis so delicate and so trying. Itcould 



Mr. GILMER said :_ne desired to discuss these We should not, continued Mr. G., a-ssume a po 



sition which we cannot maintain ; we should not- 
nor will I consent, to go farther by resolutions than 
we can expect or ask the people to go in action. But 
')eforehe advanced farther in the discussion he wish 
ed to make one personal allusion ; and to request 
Senators not to judge of his feelings towards thoee 
from whom he differed, by the manner in which he 
might e.xpress himself in debate, and to be assured 
that whatever might be his warmth and zeal in urg- 
inghirt own opinions, he entertained ) or those to 
whom he might allude, and especially for the learn- 
ed Senator from Pasquotank and Perquimans, (Mr. 
Shepard,) the most kindly feelings, and a respect 
commensurate with his many excellent qualities 



mt be doubted that North Carolina intended to be as a man and public spirited citizen 



Hue to herself; she only desired to be correctly in- 
formed of the posture ol affairs, to know the extent 
of her grievances and the dangers which beset her, 
and the surest, safest and most honorable mode of 
escape. In determining this momentous question, 
at a period so critical and exciting, heated passions 
a^nd party prejudices should be banished from the 
Council Board ; and opinions, purposes and determi- 
nations expressed in language becoming the grav- 
ity of the occasion and characteristic of the people 
for whom the representatives assume to speak. 

He thought unanimity *.f sentimental! important, 
and to secure this he would willingly vote for the' 
resolutions of any other gentleman'' which miglit 
meet with general approbation and best express the 
popularvoice, although those introduced bv himself 
defined his views and the position which he prefer- 
red to occupy. 

He respected the views and the motives of other 
gentlemen, wished to hear the opinions of all, and 
would even make sacrifices and yield his own pre 



dilprtions in favor on.n.n,nn a V ^ '"""' ^'''^^ ^^''^ '•^^^" ^° eucaurage them to look 

uu'iciiujir^ 111 idvoroi liarmonv auT r(vi"prf nf n(-»;Ao f _ ct i ^ ■ , . . 

i aiiu uj,K,ert Oi acuon.lfor SjaVe ter/itcry h-yond the Siate of T»xas. Hi 



He believed that Senator would respect his mo- 
tives when he expressed hin^self freely frankly and 
boldly; and th^ Senator has declared that he has 
no respect for him "who withholds his real opinion 
from fear." 

The picture which that senator had draVv^n of the 
condition of the Southern States, at some future 
day, was well calculated to excite in Southern men 
the most serious reilections. The past proves that 
the ratio of increase of the Blacks in the Slave 
Stales is cfreater than that of th& Whites, and if we 
are to judge the future by the past, it is lo be ex- 
pected that, in the course of years, the Slaves iu 
number will be much larger than owners, the dis- 
proportion between the two races, year after year 
becoming greater. 

Mr. G. said he could look into the future, and 
see probable difficulties such as had been indicated 
by the Senator. He believed from the signs of the 
times that, while the Southern States remained iJi 
the Uiiiou, Vasj hud i:ttl« to encourage them to look 



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assented to the probability that t!ie hnes by wliichj 
slavery is to be circumscribed, arc already fixed. — 
But suppose the South had obtained an extension of 
the Missouri compromise line to the Pacific, (and he 
regretted that such was not the case,) and the whole! 
of California, New Mexico and Utah had, by agree- 1 
ment, been assigned to the slave States, would not] 
the same difiiculties, which have been so graphical- 
ly depicted, occur in the end, if the* institution or| 
slavery is maintained ? The horfors and, dangers 
anticipated would only be deferred. He fe'aVed there 
was something in the prospect of the future, connef.t- 
ci with this delicate subject, which Southern men 
could not contemplate with emotions of unmixed 
pleasure. | 

He feared that in process of time ifslave labor shoilidj 
be applied to agiicultural pursuits and found usefulj 
only in cultivating the soil, as heretofore practised in| 
the South, the value of that species of property, the 
greater portion of Southern wealth, would inevitably 
depreciate in value, much to the injury of the States 
where it is employed. 

Mr. G. said he saw the free States increasing 
nacre rapidly than the slave — lie fcould see the pow- 
er and influence of the free States growing rapidly, 
and that he could not shut his ej'es to the po.s&ibilitY 
that in the future, they may have the power and dis- 
position too, to amend the Constitution, so as to p'ace 
the in.stitution of slavery under the control of Con- 
gress. He could rfot say there waB nothing in these 
anticipations, but he could not agree with the Sena- 
tor that by remaining in the Union, the value of 
slave property was to be destroyed at so early a day 
:t8 that fixed by him. A view of the immense terri- 
tory within the States already secured to slavery, 
would seem to present a reasonable ground with men 
less timid, to expect better things. 

But, Kuid Mr. G., as the Senator from rnsquotank 
has given such a frightful picture of our future histo- 
ry, if ire remained in (he Union, he would have been 
])leased, had he shown us the other side ; and point- 
ed out ill what particulars the situation and prospects 
of the slave States are to be benefitted by seceding 
and going out of th6 Union, if the compromise ucts 
as a whole, ar« observed by the free States. — 
Grant that more area is cssentinl to the slave 
St:iles in order to preserve our institution of slavery 
he could not fc-fie that the chances for new fields 
(more slave terrilory) were much lettnod by beinw 
on( of the Union instead of in. Dijuniun wouli. 
not impede the growth \if the free States in num- 
bers, power Hnd wealth— it would not incline then: 
to ;i more favorable rp^raril fur the interesis of the 
youth, ii(?r 'vcu!J it lie lihelv to scfur " , in a greater 



degree, liie respect of tiie world for fin institutioi> 
against which fanatics and white laborers are every 
where united. 

The Senator lias failed to shew how disunion 
will effect this state of things , and he has also 
failed even lO indicate the manner in which seces- 
sion, Constitutional Secession, would enable us to 
purchase, or acquire, in other ways, au enlarged 
[area for the profitable use of slaves. Supposing 
[secession constitutional and peaceable — suppo.sing 
th^ laws which organized and keep in motion this- 
political frame work, provided for the natural, pea-- 
ceable and safe disruj)tion of ha parts — (a rather an- 
omalous supposition this would be in physics, though 
all things are possible iu politics Vt'hen properly under- 
stood and judiciously expounded) — supposing that 
after the South had lannclied upon this career, with- 
out opposition or bloodshed, .she had crossed secure- 
ly all the bars, harmonized all jarring elements at 
home, founded a govonimei.t to suit all the slave 
States, to please all the slave States, and to guard 
with equal care the interests of all the slave States — 
supposing that this beautiful picture, this Utopian 
project, which has been conceived in certain quarters^ 
without any purpose ''to deceive the people, and 
to carry out selfish and sinster purposes," could in' 
the miraculous dispensations of Providence, and by 
the still more miraculous agency of political resolu- 
tions, be fully realized— what is the back ground to 
the picture? How far will its borders extend? — 
Where are its borders ? Why is the picture, at tlii-^ 
most interesting point, so suddenly terminated, like 
a crack story in a Magazine, with the pregnant, but 
unsatisfactory sentence, <o f/e continued? Contin- 
ued where, when, how ? . That chapter, in this po- 
litical romance, is not to be di.sclosed, I suppose, un- 
til the firsi has been read and realized. 

He would not say that those who framed this in- 
teresting and original melo-«)rama had beeii too imaj;- 
inative, had "listened with credulity to the wliis])ers 
of fancy alid pursued with eagerness the phantoms 
if hope'' — but he would assert that those who should 
undertake to act it out seriously might possibly find it / 
a laughable farce or a most dreary tragedy. 

High authority informs us that "(he ground cf :. 
certain rich man brought forth plentifuilj". 

And he thought within h'mself, .saying, what sliall 
1 do because I have no room where to besto.w my 
ruits. And he said, tliis will I do, I will pull down 
m)- barns and build grciler, .niid there will I bestow , 
:ill my fruits and my goods. 

And will say tomy scuUfoul thouhdst n^nny good* 
laid up for muiiy years, ta!*e thine ease, eat, t'.rliik^ 
and by merry. 



But God said unto him, Than fool, this night thy 
Soul shall be required of thee ; then whose shall those 
tilings be which thou hast provided ?" 

I\Ir. G. said he could see difficulties out of the 
Union as well as in it ; and the very subject under 
discussion fordids alkision to many considerations 
which inclined him to feai that even among those 
who now speak indifferently of that Union, and of the 
warnings of Washington, the announcement of its 



-But Mr. Badger says, expressly, in that part of 
his speech quoted by the Senator, that cases of un- 
mitigated oppression or of dangerous obstinate u- 
snrpations, constitute known and nnderstood ex- 
ceptions from the duty of submission to a Govern- 
ment, and justify the oppressed in falling back up- 
on the natural rights of resistance and self preser- 
vation. The Senator snys that the majority of 
the State have a right to determine when a case of 



actual dissolution would come more like the alarm of|g.^j.jj ^^^^^^^1,^, has come, the "iJ/imo ra^io," and 
-a fire bell in the night," than the "noise of music ^^ j.^^^^ ^j^^ minority into submission to their will 



and dancing." 

Mr. G said he was no submissionist, in the sense 
in whicii that term was generally used — he was for 
submitting to tolerable and bearable evils — evils ac- 
knowledged on all sides to bo now bearable, rather 



treating all who resist as rebels and traitors. — 
These last words the Senator erased from his reso- 
lutions, becaus», as he said at the time, some of 
his friends thought they sounded harshly; but he 



than to fly to others that he knew not of— rather than!did not wish fo be considered as disavowing the 

make one experiment now, attended with many poss-iprinciple. Let this doctrine be tested. Supoosc 

ib!e calamities and to attain an undefined and at pres- la State, by a, majority of one, resolve to secede, 

ent undefinable good. land the minority, if allowed to think, equally hon- 

•Stiilhe would guard the future— he would look a-, est in its convictions with the majority — according 

head at threatened dangers and to prepare to nieetjto this seceding doctrine of primary and secondary 

tkem— he would have Senators while they actedi ]|p^i.^ncp,t!iis minority have to submit to what 

coolly and deliberately, to act resolutely and firmly,|ji^gy ,^,^y j^^,^ ^1^^ oppression oCthe majority or be 

and aboveall things unitedly and with acertain, fixed j^^^^^^ ^^ ^^,^.^^^^_ ^^^, jj- ^^ ^^^,^^^ ^^^.^ ^-^^^ ,5^^^ 

and practical purpose. , -.i i • •. j i 

' ^ ' jmake common cause witli the majority and are de- 

They shonld suit their remedies exactly to the|feated, this same hanging fate mustbe their doom, 
present stage of the disease, prescribe a remedy] v/ould there be here no intolerable oppression?— 
which the patient, the people, can and will take,|vvould thera beany protection, any liberty, any 
and which is not intended to risk their salvation as!ri„i,ts tu a minority of a State ? States in a mi- 
an attempted cure for a luture and merely possible'^ority— in fact a single State must have a reserved 
evil. He wished to be understood; he was forjsovereign right under the Federal Government, 
amj remedy adequate to the disease of the times, peaceably tosecede when threatened with danger ; 
—that though the word Union had an influencpld this is for the sake of liberty. Individuals in a 
over him, was entitled to his veneration and re-^n^i^ority in that State- one hundred thousand indi. 
gard, still it had not so ".sieeped his senses in for-vidualsmw.si submit, at all hazards, and to whatev- 
getfulness" as to cause him to neglect any duty hejpr extremity, to the domineering will of one hundred 
owed to his State, but he desired her to be right,ithousand and one more, and this.isalso for the sake 
and protected in her rijrhts. jof nbprty • That is to say, one hundred thousand 

.Air. G. said he submitted to tlie Senator whetherl^nj one men, of whatever character, standing, age, 
he had done justice to the views of Mr. Badger on^nation, or principles, have a right in a SUito to 
the subject of allegiance. If he understands Mr.!ha„g tho remaining one hundred thousand, what- 
B:uiger, as insisting that on a case of extreme np-|ever be their respectability and character, and tiieii 
pression or stern necessity, his allegiance would 'to secede from a Union in which twenty millions 
require him to take part with the General Govern-|of souls are interested, exposing the whde of them 
rnei^t, he understands him differently from what helto the hazurds of a civil war, to protect the interest 
seems to have understood his own meaning to be. I, „(] secure ibe liberties of this one hundred thou- 
True, Mr. Badger claims thc> liberty of tlunkinglgand and one ! Whata beautiful system of Go- 
and forming for himself an opinion whether thisjvernment I How wise and wonderful and match- 
extreme case has come — and p-^ay how are theiiejg itsmachine.'y. 

true opinions of a majority of a Stue to be known Tliis may be said to be an extrem.e case; it il- 
correctly unless they are allowed first the liberty i,,s!rates the principle and is therefore apposite. 
ut urmkir.g aad tlien exi'robsing their opiniuns h („ ^^e word, minority Slates must have a right 



to secede from a Government wliicli the spceders tic peculiarities of the constitution are; l,tlic mode 

say is a compact of States ; minorities of individu-'of its formation; 2, the division of the supreme 

oi' ;n o r',,.«r.,,^^r>f ^f ;.,j- -i i i . ipowers of government between the Stales in their 

aU, in a (jovernment of individuals, have not even "^ .. , ^^ j .1 o. . • .1 • • i- • 1 

., . , , ,,^ ,. , , . , , , united capacity, and the States in their indiviiiual 

the right, the old-fashinned, the inalienable right of capacities. 

revolution? Now how would this doctrine work out?! 1. It was formed, not by the governments of the 
One hundred thousand and one deciare for seces- component States, as the federal government for 
»ion; one hundred thousand citizea? ttiink such'^^ich it was substituted was formed Nor was it 
, . . . , ,. r , ■ „ ■ rr,, . . iformedby a majority of the people of the United 

decision a violation of their allegiance. This mi-^gt^tes, as a single community in the manner of a 
nority has to be hung ; and then begins a war ot ex- consolidated government. 

termination which might not end favourably to the' "It was formed by the States, that is by the peo- 
majoritv. But suppose it does; and the hundred'P^^ '" ^'^'^'^ °^ ^'^^ States acting in thdr highest 
., "j . , , , , , ^ .sovereign canacitv : and formed consequently by 

thousand are to he hung; and then the General|t,..^ ^^^^^ ^^^^j^^^i,^ ^^j^i^,^ formed the State Consti- 

Government, holding to the same majority doctrine,;tLnions. 

catches and hangs the hundred thousand and onel- '' Being thus derived from the same source as 
Mr. G. said he did not mean to ridicule or treat'**^*" constitutions of the States, it has, within each 
„■,.,.-, ,, , .. r .u c . r r. -State, the Same a uthority as the Constitution of the 

witii levity the doctrines of the Senator from Pas- o, , 1 • u .■»*■■ .1 

■ State; and is as much a constitution, in the sirict 

quotank and Perquimans; he was tracing them tolsPiise of the term, within its prescribed sphere, as 
what he conceived to be tlieir legitimate results and, the constiiniinr.s of the State are, within iheir re- 
witliasmuch fairness in his supposition as the S'en-I^PP^l'Y? spheres ; but with this obvious and essen- 
ator had used in handling tlie opinions of Mr Bad- 
ger. I have, said Mr G. intimated that the Fed- 



Itial difFr>rences. that being a compact among t!ie 
States in their highest sovereign capacity, and con- 
stituting the people thereof one people for certain 
oral Government might not acknowledge the right ipiirposps, it cannot be altered or annulled at the 



of a .S'tale to secede from the Union to be a con- 
stitutional right or reraedv ; and it may be well to 
enquire whether such a doctrine has ever received 



v.'illof the States individually, as the constitution 
of a State may be at its individual will. 

2. And that it divides the supreme powers of 
, • r . , 1 government, between the government of t!ie Uni- 

t.je sanction of the authorized expounders of the ted States, and the governments of the individual 
Constitution of the United States, or was ii;tended| .States, is stamped on the face of the instrument; 
to be given by those who frame;! it. Tiic Senators'^hs powers of war and of taxation, of ccmimerce 
advocating secession, arc^ues that from it, there is''^',''' >'f treaties, and other numerated powers vest- 
n,, ^.,„^n. ^r„ ,.• 1 f i" u . f.i /-- ed in the government of the United States, being 

no danger of a violent dismemberment of the Con- ,.<•_ .. . „,i , • , . „' .•.i,^ 

' 'H as hioh and S(n'ereicrn a character, as any 01 tlie 

fcderacy ; and it would feem from the tenor of his re- powers reserved to the? .State Governments, 
marks, drawing a distinction between it and the na- Nor is the auvcrHment of the United .Stales cre- 
tnral right of resistance or rebellion, that ho thinks'''^^!' ^^ "'^ constitution, less a government, in the 
.. ^^»of„.v,„., .1 II 1 .-. .• n Istrict sense of the term, within the sphere of its 

a otatemay thus peaceably and constilulionally as- 4.u .1 ' . i u .' 

, . . , powers, than the governments created bv 'ne con- 

sume the position which it held prior to the formatioi|,,i.tuiions of the States are, wifliin their several 
of ilie Federal Union, lie admits the absurdity of .s])liere.s. It is like them organized into legislative, 
nullificalion, but arcues that secession is n very '^■'^''^^^"tivc and judiciary dcpv\rtments. 1 1 operates 
difletent thing and''cannot be confounded withiVl'l^^ them, directly on persons and things. And, 
, ,.,..,, like tiie.n, it has at command a iinysical lorre for 

•e.xcept by individuals who are willing to deceive executing iho powers commiticd to it. The con- 
rhe people to aid theirselfi.>^h and sinister purposes." current operation in certain cases, is one of the 
Let 115 sec who these individuals are. I hold in If^'utes marking the peculiarity of the system. * 

mv hand. Sir. a letter, portions of which I will read' ''"" ^''" "■"''^'•' '" "^S<'tiation for Hdjusting dis- 

', _ i^. pules between tlie government of the United Slates 

le >,ciia e . ..j^^l tlip State governments, as between indepeml- 

lii order to iindersland the true character of the out and separate sovereignties, would have lost 

''Mistitnlion of the United Stales, tjie error, not nn'sigjit altogether of a constitution and government 

common, must be avoided, of viewing it through for ihe Union. -.^^ul opened a direct roai! 7roni a fHil- 

tiie medium, either of a cotuiididatecl government, iire of that resort, to the ultima ratio hetwren na- 

orol a confederated government, whilst it is noilher tioiis wholly independent of and alien to each 

liie one nor the other; bm a tnixiuie of bi.tli. And other. Iftlie idea had itsorigin in the process of 

Iinving. ill no model, the similitudes and analogies HdjiijJtment, between separate branches of the same 

iipplicable to { ther Fysteiiii^of gf)yernment, iimust.'frovtTnment, the analogy entirely fails. In the 

more than any other, lie its own interpreter accord- case i)f disputes befweeii independent jiaitsof the 

lug to ;t.T ti'xt and thr Jar.tsnf the r.nyp.. s.-ime government, neifh'r party being able locon- 

Froiu (ht-,( it will be r-vLii liiai ihf cliaraclcris .■^iinunate its w)ll. nor tli'^ <'overimic'!it to proceed 



without a concurrence of the parts, necessity brings 



ov a compound of both ; and it cannot be doubted 



that a single member of the union, in the extremity 
upposed, but in that only, would have a rinrlit, as 
an extra and iiltM-constitutional right, to muke the 
ippeai." 

This letter, sir, was written in 1830 by James 
Madison; a gentleman who lias been always re- 



about an accommodation. In disputes between a 
State oov'emment, and the governnient of the Uni- 
ted States, the case is practically as well as theo- 
retically dilFerent; each party possessing all the 
departments of an organized gsvernment, legisla- 
tive, executive and judiciary ; and having each a 

physical force to support its pretensions. Ahliongh r .i, n i r ,i r- ) \n 

'. ' . , .■ , „ „ ■ 1 , >,^,„nt.„^D= c„r.\A tiV;^ gfarded as one of the lathers of the teueral Con- 

the issue of neijotiation mit hi sometimes avoid liiisi^ 

extremity, ho\v often would it happen among sojstiiution, had much to do with the famous resolu- 



many States, thnt an unaccommodating spirit 
sc-ime would render that resource unavailing. A 
contrary supposition would not accord with a 
knowledge of human nature, or the evidence of 
our own political history. 

" The coix->titntion, not relying on any of the pre- 
cedino- modifications, for its safe and successful 



tinnsof" '98 and '99 and was twice elected to the 
office of President of the United States, by the Re- 
publican party. 

Andrew Jackson in his proclamation of the llth 
of December, 183:2, said : 

This right to secede is deduced from the na'u'e 



■uperation, has expressly declared, on the one hand, lof the constitution, which tliey say is a compact 



1,. ' That the constitution, and the laws made in 
pursuance thereof, and all treaties made under the 



between sovereian States who have preserved their 
whole sovereignty, and therefore are subject to no 



authority of the United States, shall be the su-, superior : tiiat because they made the compact, they 
preme law of the land; ii, that the judges of every can break if, when in their opinion it has been de- 
State shall be bound thereby, any thing in the con-| parted from i)y the other Stales. Fallacious as this 
stitution and laws of any State to the contrary ,!course of reasoning is, it enlists state pride, and 
notwithstanding ; 3, that the judicial power of thelfinds advocates in the honest prejudices of those 
United States shall extend to all casesin law andi who have not studied the nature of o^r government 
equity arising under the constitution, the laws of sufficiently to see the radical error on which it 
the United Stiles, and treaties made under their rests. 

authority,'" &c. j 'J"he constitution of the United States, then, forms 

" On the other hand, as a security oftherinhtsa government, not a league, and whether it be 
and powers of the States, in individual capacities,, forir.ed by compact between the States, or in any 
agaimst an undue preponderance of the powers!other manner, its character is the same. It is a 
granted to the governm.ent over them in their uni-l government in which all the people are rep'esenled, 
ted capacity, tiie constitution has relied on, 1, thejwhich operates directly on the people ind ividually, 
responsibilitv of the Senators and Representatives not upon the States — they retained all the power 
in the legislature of the United States to the legis-jthey did not grant. But each state having express- 
latures and people of the States; 2, the responsi-jly parted witii so many powers, as to constitute, 
bilitv o! the Pre.sident to the people of the Unitedijointly with the other Stales, a single nation, can- 



States ; and 3, the liability of the executive and 
judicial functionaries of ihe United States to im- 
peachment by the representatives of the people of 
the States, in one branch of the legislature of th 



not, from tliat period, possess any right to secede, 
liecause such secession does not break a league, 
but destroys the unity of a nation, and any injury 
to lliat unity is not only a breach which would re- 



Uniied States, and trial by the representatives of suit from the contravention of a compact, but it is 
the States, in ihe other branch; the State func- an offence against the whole Union. To say that 
tionaries, legislative, executive and judicial beinjr, any state may at ;)leasnre seiede from the Union,^ 
at the same time, in their appointment and respon- is to say that thn United .States are not a nation, 
sibility, altogether independent of the agency or bec:iuse it would be a solecism to contend that any 
authority of the United States. * * ipart of a nation, might dissolve it-^ connexion with 

Should the provisions of liie constitution as here tiie other parts, to their injury or ruin, without coin- 
reviewed, be found not to secure the governmentiwitiinsf any oflence. Sece.-sion, like any other re- 
and rights of the States against the usurpations voliitionary art, may be morally justified by the ex- 
and abuses on the part of the United States, ibejremi'y of oppression ; but to call it a con>titution- 
Mnal resort, within the purvievr ot the cons;itution:al right, is confounding the meaning of terms, and 
lies in an amendment of the constitution, accoraingican only be done thronali gross error, or to deceive 
to a process applicable by the iStates. jthose who are willinsxto as>ert a right, but would 

And in tiie event of the failure o( every constitu- pause hefon- they made a revolution, or incur the 
tional resort, and an accumulation of usurpations penalties consequent on a failure, 
and abuses, rendering passive obedience and uMi- " Because tiie Union was formed by compact, it 
resistance a greater evil than resistance and revo- is said the parlies to ihat compact may, when they 
lution. there can remain but one resort, the last of I'eel themselves agorieved, depart from it; but it is 
all — an -ippeai from the cancelled obligations of precisely because it is a compact, that they cannot, 
the compact, to oiicjinal rights and the law of self- A comp^-.ct is an agreemeiit of bindinrr oi)lig;ilion. 
preservation. This is the nltiina ralin under all It may, by its terms, have ;i saiietion or [lenalty for 
govcrnmenlf, whether consolidated, confede'.'alcd its breach, or it may not. If it contains no sane- 



tiou, it m ly b;; broken witb no other consequence "In my opinion, both pnrposes arc to 'be regarded 
thin moral guilt ; if it have a sanction then the as revolutionary in their character and tendencv, 
breach incurs the designated or implied penalty, and subversive of the supremacy of the laws and 
A leajjue bi^tween indepr'nJent nations, generally, of the intejirity of the Union. The result of each 
lias no sancii'jn other than a moral one; or if is the same; since a state in which, by a usurpa- 
it should contain a penalty, as there is no tion of power, the constitutional autiiority of the 
common superior it cannot be enforced. A Gc- federal government is openly defied and set aside, 
vernment on the contrary, always has a sanction wants only the form, to be independent of the U- 
express or im[)lied, and in our case, it is both ne- nion. 
cess;irily implied and expressly given. ; "The right of the people of a single state to ab- 

".\len nf the best intention and soundest views solve themselves at will, and without the consent 
may diff'r in th^ir construction of some parts of of the other states, from their most solemn obliga- 
the constitution ; but there are others on which dis- tions, and hazard the liberties and happiness of 
pas-iiouate reflection can leave no doubt. Of tliis the millions composing this Union, can not be ack- 
nature appears to be the assumed right of secess- nowledged. — Such authority is believed to be ut- 
ion. It rests, as we have seen, on the alleged un- terly repugnant both to the principles upon which 
divided sovereignty of the states, and of their hav- the general governinent is constituted, and to ih® 
ing formed, in tliis sovercitfu capacity, a compact, ol)iects which it was expressly formed to attain, 
which is called the constitution, from which be- "Against all acts which may be alledged to 
cause they made it, tliey have the right to secede, transcend the constitutional power ot government. 
Both of these positions are erroneous, and some of ov which may be inconvenient or oppressive in 
the arguments to prove them so have been antici- their operation, the constitution itself has pre- 
pated. [scribed the mode of redress. It is the acknov;led- 

"So obvious are the reasons which forbid this'ged attribute of free institutions that, under them^ 
secession, that it is necessary only to allude to the empire of reason and law is substituted for the 
them. The union was fonnt^d fortlie benefit ofall.'powei of the sword. To no other source can ap- 
It was produced by mutual sacrifices of interest peals for supposed wrongs be made, consistently 
and opinions. Can those sacrihees be recalled? — ^ with tlie obligations of South Carolira : to no otb.er 
Can the states- who magnanimously surrendered can such appeals be made with safety at any time, 
their title to the territories of the west, recall the'and to their decisions, when constitutionally pro- 
gram ? Will th • inhabitants of the inland states nnunced, it becomes the duty, no less of the public 
agree to pay ihi> duties iliat may be imposed with-:authorilies than of the people, in every case to 
out their assent by those on the Atlantic or the. yield a patriotic submission. 

gulf, for their own benefit ? Shall there he a frpej "That a state, or any other great portion of the 
port in one state, and onerous dutuesin another ? people, suffering under long and intolerable op- 
No one belif'ves that any right exists in a single pressions, and having tried all constitutional re- 
state to involve all the othei's in these and count-'mediRs without the hope of redress, may iiave a 
less other evils, contrary to onga<;emenL solemnly .natural right, wlien their hap])iness can be no 
made. Every one must see that I ho other states. inOthcrwise secured, and when they can do so wifeh- 
self-defence, must oppose it at all hazards. ■'•' [out greater injury to o'hers, to absolve themselves 

"I h^ive no discretionary power on the subject — fiom their obligations to the government, and ap- 

my duty is emphatically pronounced in the consti- peal to the last resort, need not, nn the present 

tion. 'I'hose w!io told you that you might peacea- occasion, be denied. 

bly prevent tiieir execution, deceived vou — thev] "The existence of this right, however, i.Hist 

Cduld not have bepu deceived themselves. 'I'hev depend upon the causes which may justify its p.x- 

knowthata forcible opposition could abne preventiercise. it\f\.he till ima ratio, which presupposes 

the execution of the laws, and they know that suchjthat the proper appeals to all oilier means of re 

opposition must be repelled. Their object is dis-dress have been made in (rood faith, and which can 

union: l)ut be not dt-ceived bv names: disunion,! never be rightfully resorted to urdessitbc unavoiil 

by armed force, is treason.." 'able. It is the right of mitddnd generally to se- 

A .... ,,.,. ,. , • 1 . [cure, bv a II means in their power, tlip blessings ol 

Again, in his nullihcation messarrp bearuKT date!,., . ' i i • i . i .■ fi„, ,,,..„„> 

" ^ ilibertv and happiness ; but when, tor these purpos- 

the leih of January 1833, Gen Jackson .said. jp,<^ ajiy body of men have voluntarily associated 

"By llicse various proccediniis, therefore, the themselves under a particular form of governmeni, 

Stateof S(uilh Carolina has fcrced the oeneral^ no portion of them can dissolve the association 

Governmenf, unavoidably, to decide the new and[witlioi>t acknowledginrr the correlative ritrlit in the 

dangerous alternative of iiermittiii? a state to cb-iremainder to decide wbelhi^r that dissolution can 

struct the execution of the law within its limits, or be permitted consistently with the cenerai bappi- 



neeiug It attempt [o execute a ihre-.it of witdraw- 
jng from the Union. — 'I'he portion of the people at 



ness. In this view, it is a right dependent upon 
the power to enforce it. Such a right, thouoh it, 



present exercising Ihf^ authority of ibe state so-:may be adinittpd to pre-exist, and can not be wind!;. 
)i"mn!y assert their rit;hl to do either, and as so-'surrpiidfred, is necnssarily sulijecled to limilalionri 
I'Tiiiilv amiounce their determination to do one or[in all free governments, and iu compact.s of aU 
{lie ctli'^r, 'kind,', freelv and vohinlarilv niiertd in'Cj and u 



wlytchllie interest and welfare of the itulividual 
become identified with those of the community ot 
which he is a niemtjer. In compacts between in- 
dividuals, however deeply they may affi'Ct ihe'r 
relations, thesse principles are acknowied^-ed to 
create a sacred oblicjation ; and in compacts of 
civil governments, invoivintr the liberty and hap- 
piness of millions of mankind, the obligation can 
not be less. 

In his far(?well address, to thepfopleof the U- 
nited iStates, is^-ned in JIarch 1837, (Jen Jackson 
repeated the same opinions ; but I will not fatigue 
the Senate with adilitional authoritips. 

These opinions of Gen. Jackson were proclaim- 
ed after his isecond election to the presidency ; hut 
it is too much a matter of history that his popu- 
larity and influence still continued to increase un- 
til his name nllimatoly became enshrined in the 
liearts of a vast majority of the American people 
as that of a benefactor. He could even secure the 
election of his friend as his successor, a friend 
(JJr. Van Buren,) who admitted the power of (Jon- 
o-ress to abolish slavery in the District of Colum- 
bia, but who relied for success on a pledge "to 
follow in the foot-steps of his illustiioas predeces- 
sor." 

The very speech of Mr. Livingston portions of'J 
which the Senator from Pasquotank' and Perqui- 
mans calls to his aid, of itself and mors conclusive- 
ly, answer his positions. Mr. Livingston points 
out the mode of seeking redress by an aggrieved 
state, the application to the Supreme Court, or if 
it decides with manifest injustice or cannot take 
jurisdiction, the various peaceable methods of pur- 
•suing a remedy in the Union until the necessity of 
the cases forces a State to withdraw, at its own 
risk, as a last resort, and an e.xtreme remedy for 
intolerable oppression. 



thunders in the same direction but certainly with 
no*'selfish or sinister purpose." 

Lsthis the way to explain secession ? Tsthis the 
way to defend it ? Does it need L.uch blustering ? 
Is this the way to bring it to the comprehension of 
lionest men, seeking truth and the honor of their 



country ? 

Do gentlemen expect, by the use of such harsh 
terms, aspersing, in advance of their conclusions 
the motives of honest men, to create that harmony 
of feeling and unity of action now so neccessary 
at the South? Is every honest man, whatever be 
his position and past services, who dares to think 
tor himself, to hesitate and doubt when hold and 
startling measures are suddenly sprung upon him, 
!o t)e denounced and branded as a traitor and 
rebel? Even supposing those fiery leaders who 
jump at conclusions by intution, and snufTthe dis- 
tant approach of tyranny in the tainted breeze, to 
be right, do they expect the masses, the slowly 
moving, ponderous and -pmulcrins^ masses to keep 
even pace with ihem.^ And if the masses, as the 
masses of lionest men always do, move slowly and 
Ctutiously, will these Hotspurs, far in the van of 
their forces, be so indiscreet, so unwise, incaii- 
'ioits (0 iheir own safety as to turn and fire on their 
wn men.? Sir.t'iese '-entlemen look to events, to 
a cr s s during which, if it should happen, the mass- 
es of tiie South will be animated with one instinct 
and one heart ; and yet because these coming 
events which have cast their shadows arthwavt 
iheir prophetic vision, are yet unseen liy the people 
these people are to have dashed into their f^ces the 
insjnrinff charge of rebels and traitors .' Sir, saiJ 
Mr. C, I must confess, whatever be the conse- 
quences of such a confession, that the word Jjnion 
has had some chartnes for me — and I will also he 
hold enough to express my regrets that an indiflT 



Mr. Shepard enquired if he under.=;tned the gen- j rence or contempt forthe Union should be deemea 



tleman to say that the people of North Carolina 
as5 an organized Government, had no right to resitt 
the General Government. 

Mr. Gilmer: They have; and in the extreme 
cases so clearly defined by Mr. Madison and Mr. 



|U!-t at this time, a becoiTiitig manifpstatien on the 
part of the South, 'j'he threats or the menaces of 
those who are considered the most sincere, are most 
to be regarded; and certainly it would look strange 
in us. not to say ludicrous, and might entitle n.sto 



Livingston, it is not only their right, but their dntij\\.\\Q charge of inconsiderable levity, to r.ttenipt to 
to resist. But it must be at their own risk, and it manifest any such indifference at a crii^is so awful 
will not be secession as a right guarantied by the as the impending dissolution of our Federal Unicni, 



Constituton, it will he the exercise of a nalura 
inherent inalienable right, the right of revolution 
jMt. G. said he regretted to see harsh language: 
language almost akin to vituperation, so freely 
used in the discussion of a question so grave, and 



nd while the aged high-priests of Liberty, from 
all sections and representing all interests, are stand- 
ing in the Temple, with np-lifted hands, soh-mnly 
invoking Heaven to seal their eyes in eternal night 
fure they witness a catastrophe .so sad and 



interesting to all: — in the discussion of ques- frightful ! 

tions in re'g-ard to which the interests of all honest! M. G. said, if secession be a cw?.s/77!//)077aZ rem- 
inen were the same. The venerable Editors ofjedy against the oppressive encroachments of the 
the "Intelligencer" and the "Union" newspaper-, [General Guvernment, and when a bare majority of 
published in Washington, and reflecting the viewsldie State determines upon it, all are at once ah- 
<jftwo great political parties, were said to ha vcsoUed from thi-ir allegiance to the Union, and have 
heen bought up by Government contracts. Ttie a right to take arms in defence, then all will he 
words "rebels" and "traitors" are held in ierrorern\weU. In that case should our officers and s(ddiers, 
over the heads of those who doubt theprooriety andjas well as those whnsend them into the field, in 



the constitutionalitv of secession, or who deem it 
equivalent to nullification; and the minority rpport 
of tJ'ie Committee on Negro Slavery fulminates its 
■ V«' 



case o( defeat, be brought into Couit, the plea of 
secession ff^m?''<eJ, acquit.s the defendants. Thin 
case never having beeu adjudicated, am! the opin- 



ion of Madison, Jaclc^on, and otlicrs being so de 
cidedly against liie right of secession, he considered 
none obnoxious to the charge of "deceivers," or 
persons moved by '-selfirih and sinister purposes," 
who should doubt the security of that plea on de- 
murrer tiled. 

Suppose it be conceded that secession, when 
determined on by a bare majority of a Slate, be a 
right reserved to each State in the confederacy 
aiid North Carolina by a solemn resolution avow 
this rii);lit! If ^heAakes this riohtto herself, as 
peaceful and coiisfntltional means of withdrawing 
from the Union, must she not give the same right 
to a II her sisters? Suppose Vermont refuses to 
obey the fugitive slave law, and a bare majority 
opposed to litis very fugitive slave law. secedes 
Irom the Union ; in case a contest between Ver- 
mont and the General Government arises out of 
this question, tlie General Government on the one 
side using her army nnd naval forces to enforce the 
];iw and return to Nortli Carolina her fugitive 
slaves, and Vermont resistins, on the ground thai 
she had a right to secede, which would North Car- 
olina help? 

Admit this riofht o f secession at the will of a 
majority in a State, and would not North Carolina 
be bound by her own doclrine, lo take the side ol 
her secedinir sifter Vermont, or remain neutral ! — 



in false security. lie wae an.vious lo deal iionestly 
with the people and not deceive them. He desired 
that they should see all, and act on safe and 
sure g'round. 

Mr. G. said he was willing to abide by the com- 
promise, and hoped North Carolina and all tho 
States would abide by it; but ha was sincere in 
the opinion, that a repeal of the fusfitive slave law, 
or material alteration in its provisions, would be 
an act of gross inj\istice and bad faith, well calcu- 
lated to alarm the whole of the Slave States, destroy 
iheir confidence in the honesty and fair purposes of 
the people of the (States concurring in such repeal 

r alteration, and produce such alienation and dis- 
trust, as would render the further maintenanpe of 
Union, very difficult, if not utterly impossible .This 
he desired the Assembly to say to the nonslave- 

lolding States. 

Should this law be repealed, he feared the dread 
alternative had come. He relied much on the in- 
fluence of patriotic Union men at the North to avert 
it. He did not court, or wish to provoke it. But 
when the honor, welfare and happiness of North 
Caro'ina demanded rpsi5tance,he mu-t have greatly 
deszenerated from the spirit of his fathers, whose 
blood stained revolutionary soil, and whose bones 
lie mingled with the earth — once shaken by the 

barge of British squadrons; if he was not found 



If she lent her forces to t e General Government,side by side by the true friends of Southern freedom 
against Ve I niont, (and great would be her fjower'when that day of trial shall come. He did not 
to resist sinister and seifi.sh motives not to do it)!wisti to be forced by resolutions solemnly passed 
wwuld she not be acting in the face of lier own re-jhe'-e hymen under oath to support the Constitution 
solution ? jof the Union, to say to hisconslituents,when called 

The people «f England have the power, if not the'to the field of blood, "whip ifyou can, but ifvouare 
constitutional right, to cut off the head of theirjdefeated, yon are protected in Cfiurtby the'plea of 
Queen, when in the opinion of a majority, \he\secessioJiy He desired lo be left free to exhort them 
public good requires it — but is not this revolution?lto do all that their liberty and Soutliern honor de- 
Kmg Charles was beheaded, and King James ab-!manded at ihetr hands, and to rely for success on a 
dicated the thr ne, and these incidents in those daysjjust cause, their own strength, arid the blessings of 
were Called revolutions. Our forelathers, attheirja wise nnd just Providence, 
own risk, absolved all allegiance to the British' And in conclusion, he would be permitted to say- 
crown, and formed a Government for themselves, Ithat allhousrh he represented a couiity unjustly 
and this vvascalled the lierolutinn. If this was the'stigmatized, by reason of the /icci/Zwr opinians of a 
right, as the last resort, contended for, then there is^/ew, and in which .Vorth Carolina Militia lost char- 
no dilTerence of opinion ; but lie desired gentlemen acter in the Revolution, (but not from Guilfora men, 
losay so, jilaiiihj — and he was ready to go as fariwhoalone, says history, stoo« theirground. and died 
as prudence and wisdom wwuld permit, yea, as far|upon the ground.) there would be numbered in the 
as the next man, to maintain and defend the honor|last breach and final struggle forthe rightand priv- 
and interest of his beloved State. He was not dis-iileges of our own beloved State, as many true men 
posed lo lull the people to sleep, or to do or say any-lfroin Guilford, as from any sister County in this or 
thing, here or elsewhere, lo induce them to repose' any other Stale. 



CH. C. RABOTEAU, PRINTER.— RALEIGH TIMES OFPMCE. 



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